Terms and Conditions for North America
ANA Website Terms of Conditions (Disclaimer: All Nippon Airways)
Thank you for visiting our website. We've set up some ground rules to ensure we can keep this area useful, fun and safe for everyone. All Nippon Airways ("ANA") reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the website (the "Website") shall be subject to the then-current guidelines.
ANA welcomes your comments and questions. Although we may not be able to respond to all of your comments, we will certainly read them and consider them. However, please note the following conditions regarding your submission of such unsolicited comments. ANA assumes no responsibility for reviewing unsolicited ideas and will not be liable for any similarity between such ideas and future ANA programs. In addition, you, not ANA, are responsible for the comments and ideas which you submit including its reliability, content, originality and copyright. Do not reveal trade secrets or other confidential information in your submission. All rights to the materials in your submission, including all ideas and proposals contained therein, become the exclusive property of ANA.
The Website contains links to sites that are not maintained by ANA. While we try to include links only to those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of a link in the Website does not imply ANA's endorsement of the site.
THE SERVICES, MATERIALS AND INFORMATION YOU FIND ON THE WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXCLUDED.
IN NO EVENT SHALL ANA OR ANY THIRD PARTY PROVIDER BE LIABLE FOR ANY DIRECT OR INDIRECT INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR SAVINGS), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING) OR INTERRUPTION OF USE OR CORRUPTION OF DATA (iii) THE PERFORMANCE OR NON PERFORMANCE BY ANA OR ANY THIRD PARTY, OR (iv) ANY MATTER BEYOND ANA'S (OR ITS LICENSEES OR LICENSORS) REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You specifically acknowledge that ANA is not liable for defamatory, offensive, infringing or illegal materials of any third party, and ANA reserves the right to remove such materials from the Website without liability.
The contents of the Website pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by ANA and contain ANA's (and its licensees and licensors) name, trademarks, service marks, and trade names. You may download one temporary copy of these materials on any single computer and print one copy of the materials for your use in learning about, evaluating, or acquiring ANA's (or its licensees or licensors) services or products. No other permission is granted to you to print, copy, reproduce, disassemble, distribute, transmit, upload, download, store, display in public, alter or modify these materials. No permission is granted to use ANA's icons, site address, or other means to hyperlink to other Internet sites with any page in the Website, and ANA assumes no responsibility for any other Internet sites with any page in the Website, and ANA assumes no responsibility for any other party's site hyperlinked to the Website or in which any part of the Website has been hyperlinked. ANA may make improvements and/or changes in the products and/or programs described in the Website, including the terms and conditions of your use of this site, without liability.
ANA offers services and programs in many parts of the world. The Website may refer to certain services or programs that are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that ANA intends to offer such service or programs in all countries or locations.
For customers in the U.S.A.
Unless otherwise provided by law, it is understood and agreed by you that these terms and conditions and all claims or disputes arising out of or in connection with these terms and conditions and your use of our Website are governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. You further agree that any legal action against ANA arising out of or in connection with these terms and conditions and your use of our Website must be brought in a court of competent jurisdiction in the Supreme Court of the State of New York, New York County, or the United State District Court for the Southern District of New York, except for any legal action arising out of your use of our Website to enter into a contract of carriage and tariffs with us. This paragraph is not intended to add a choice-of-forum provision to our Conditions of Carriage based on your use of our Website.
For customers in Canada:
Unless otherwise provided by law, it is understood and agreed by you that these terms and conditions and all claims or disputes arising out of or in connection with these terms and conditions and your use of our Website are governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein without regard to conflict of laws principles. You further agree that any legal action against ANA arising out of or in connection with these terms and conditions and your use of our Website must be brought in a court of competent jurisdiction in the Supreme Court of British Columbia in Vancouver, British Columbia, except for any legal action arising out of your use of our Website to enter into a contract of carriage and tariffs with us. This paragraph is not intended to add a choice-of-forum provision to our Conditions of Carriage based on your use of our Website.
ANA, ANA All Nippon Airways, ANA Inspiration, ANA Experience Japan, ANA Discover Japan, Inspiration of Japan, Experience Class, Welcome to Experience Class among others are registered trademarks of ANA in the U.S. and/or Canada. Featured logos and trademarks are service/trademarks of their respective owners.
ANA Social Media Terms and Conditions
Article 1: Applicable Scope of Terms
All Nippon Airways Co., Ltd. ("ANA") maintains several publicly available social media channels (each an "ANA SM Channel") in North America, such as:
- ANA.northamerica on Facebook
- @FlyANA_official on Twitter
- All Nippon Airways on LinkedIn
- allnipponairways_official on Instagram
ANA provides the ANA SM Channels for displaying, disseminating and viewing content, photos, or videos and posting comments about ANA (the "Service"). These terms and conditions (these "Terms") apply to your use of the Service on an ANA SM Channel. By using the Service, you agree that you are subject to these Terms and to the terms and conditions of the applicable social media platform. In the event of a conflict between these Terms and the terms and conditions of the applicable social media platform, the terms and conditions of the social media platform shall take precedence.
Article 2: ANA Generated Content
ANA owns the content of each ANA SM Channel, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, ANA's selection, coordination, and arrangement of User Content), computer code, products, software, and all other elements and components of the Service ("ANA Content") excluding content you post or place on an ANA SM Channel ("Your Content") and the content of all users, including you and third parties ("User Content"). ANA also owns the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the ANA Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. You may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display (other than on an ANA SM Channel) or in any way use or exploit any of the ANA Content in whole or in part, without the express prior written permission of ANA. Except as expressly and unambiguously provided herein, ANA does not grant you any express or implied rights, and all rights in and to the Service and the ANA Content are retained by ANA.
ANA may provide links to other websites or social media platforms as a convenience for users of an ANA SM Channel. ANA is not responsible for the content of these other websites or social media platforms, and ANA does not endorse, warrant or guarantee the products or services described in or offered on these other websites or social media platforms.
Article 3: User Agreements
By using an ANA SM Channel, you agree that you will NOT, and will not assist, encourage, or enable others to, use the Service on an ANA SM Channel to:
- Violate these Terms;
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Modify any copyright, trademark, service mark, brand name, logo or image of ANA, without ANA's express prior written permission;
- Post any false or defamatory content about ANA, other users or third parties or their products or services;
- Promote a business or other commercial venture or event other than business or events promoted by ANA, or otherwise use the Service or content on the Channel for your own or a third-party's commercial purposes;
- Promote pre-election or election campaign materials or similar acts;
- Promote or solicit on behalf of any specific organized religious group, charitable organization, commercial enterprise or other group, other than ANA;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination, or solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law, regulation or public order;
- Monitor or copy the Service or a part thereof by using any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Channel;
- Use the Service solely as a file download site;
- Record, process, or mine any information on the Channel about users, except as made available by ANA through the Service on the Channel;
- Attempt to gain unauthorized access to the Channel, or computer systems or networks connected to the Channel through hacking, password mining or any other means;
- Use the Channel to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Use any device, software or routine that interferes with the proper working of the Channel, or otherwise attempt to interfere with the proper working of the Channel;
- Use the Channel to obstruct operation of the Service or otherwise cause harm to the Channel or its content; or
- Remove, circumvent, disable, crack, damage or otherwise interfere with any security-related features of the Channel, features that prevent or restrict the use or copying of content, or features that enforce limitations on the use of the Channel.
Article 4: User Generated Content
- A. Responsibility for Your Content. You are responsible for Your Content, and once posted it cannot be withdrawn without ANA's consent. You assume all risks associated with Your Content, including any third party's reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content. You may not imply that Your Content is in any way sponsored or endorsed by ANA or the applicable social media platform.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
- B. Right to Use Your Content. ANA may use Your Content by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it among other possible uses, and ANA may also allow its partners to do the same in connection with their own websites and social media channels ("ANA Partners"). As such, you hereby irrevocably grant ANA a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable right to use Your Content for any purpose. You also irrevocably grant the users of the Service and any ANA Partners the right to access Your Content in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against ANA and the users of any ANA SM Channel and any ANA Partners any claims and assertions of moral rights or attribution with respect to Your Content. In the context of this paragraph, "use" means use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- C. Advertising. ANA and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Article 5: Limitation of Liability
- A. ANA does not guarantee the accuracy, completeness, fitness for purpose or other matters with regard to the information posted or placed by any user on an ANA SM Channel. You agree that ANA is and will not be liable for damages caused to you as a result of your use of information you obtain from an ANA SM Channel.
- B. ANA does not guarantee the accuracy, completeness, fitness for purpose or other matters with regard to the information posted or placed by ANA or its business partners or representatives on an ANA SM Channel. You agree that ANA is and will not be liable for damages caused to you as a result of your use of this information, except in the case of willful intent or gross negligence on the part of ANA or its business partners or representatives.
- C. ANA is not responsible for any damage caused by a user of an ANA SM Channel, and you agree that if you are damaged by a third-party in connection with your use of an ANA SM Channel, you will not seek damages against ANA.
- D. You agree that ANA is not liable for any damages caused by your use of an ANA SM Channel, except in the case of willful intent or gross negligence on the part of ANA.
- E. If you breach any of these Terms and cause damage to ANA, ANA may seek damages from you.
- A. ANA may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted.
- B. Your continued use of any ANA SM Channel following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
These Terms are effective from November 22, 2019.